Final Order 1

Order Details: Order Below EX 1
Pdf Text: … 1 …
MHMM180078702021
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH
COURT, BANDRA, MUMBAI
C.C.No.5800323/Misc/2021
ORDER BELOW EXH.1
1. The complainant filed complaint along with present
application for condonation of delay. The disputed cheque was
dishonoured vide memo dated 17.11.2020. The complainant
sent the legal notice dated 25.11.2020. The notice is served to
the accused on 28.11.2020. The cause of action arose on
13.12.2020. The complaint ought to have filed on or before
14.01.2021. The present complaint is filed on 16.12.2021.
2. Taking into consideration the effect of the corona
virus (Covid19), the Hon'ble Supreme Court issued directions in
SUO MOTO WRIT PETITION NO. 3 OF 2020 to the effect of
expiry of limitation. Hon'ble Supreme Court issued following
direction.
“ In case the limitation has expired
after 15.03.2020 then the period from
15.03.2020 till the date on which the
lockdown is lifted in the jurisdictional area
where the disputed lies or where the cause
of action arises shall be extended for a
period of 15 days after the lifting of
lockdown.”
3. Taking into consideration the effect of the corona
-- 1 of 3 --
… 2 …
virus (Covid19), the Hon'ble Supreme Court issued directions in
SUO MOTO WRIT PETITION NO. 3 OF 2020 to the effect of
expiry of limitation dated 10.01.2022. Hon'ble Supreme Court
issued following direction.
“ I. The order dated 23.03.2020 is restored
and in continuation of the subsequent
orders dated 08.03.2021, 27.04.2021 and
23.09.2021, it is directed that the period
from 15.03.2020 till 28.02.2022 shall
stand excluded for the purposes of
limitation as may be prescribed under any
general or special laws in respect of all
judicial or quasijudicial proceedings.
II. Consequently, the balance period of
limitation remaining as on 03.10.2021, if
any become available with effect from
01.03.2022.
III. In cases where the limitation would have
expired during the period between
15.03.2020 till 28.02.2022
notwithstanding the actual balance period
of limitation remaining, all persons shall
have a limitation period of 90 days from
01.03.2022. In the event the actual balance
period of limitation remaining, with effect
from 01.03.2022, is greater than 90 days,
that longer period shall apply.
IV. The period from 15.03.2020 till
28.02.22 shall also stand excluded in
computing the periods prescribed under
Sections 23 (4) and 29A of the Arbitration
and Conciliation Act, 1996, Section 12A of
the Commercial Courts Act, 2015 and
provisos (b) and (c) of Section 138 of the
Negotiable Instruments Act, 1881 and any
other laws, which prescribe period(s) of
limitation for instituting proceedings, outer
limits (within which the court or tribunal
can condone delay) and termination of
-- 2 of 3 --
… 3 …
proceedings.
4. In the present case period of limitation was started
after lockdown. In view of the direction issued by Hon'ble
Supreme Court the period of limitation has been lifted.
Therefore, the complainant does not require explain the delay
for the period of lockdown. Accordingly, I hold that notice to
the accused is not required in the present case and delay may be
condoned.
5. In result, I proceed to pass the following order.
ORDER
1. The application is allowed.
2. Delay to file complaint is condoned.
3. The complaint be registered as
summary case.
Mumbai, (M.Y.Wagh)
Dated : 16.06.2022 Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
-- 3 of 3 --